Excerpt from the government of Ontario’s ‘Newsroom’
Plank Road Auto Wreckers Ltd., a Sarnia auto wrecking company, was fined $60,000 after a worker was fatally injured.
On September 28, 2012, a worker employed by Plank Road Auto Wreckers Ltd. at its 1295 Plank Road facility was preparing a car to be scrapped. The worker propped the front of the car on a fuel tank and began working underneath to drain the car’s fluids. The car slid off the fuel tank, causing fatal injuries to the worker underneath.
Plank Road Auto Wreckers Ltd., pleaded guilty to failing to ensure that machinery, equipment or material that was temporarily elevated and under which a worker worked was securely and solidly blocked to prevent the machinery, equipment or material from falling or moving.
The fine was imposed by Justice of the Peace Anna Hampson. In addition to the fine, the court imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.
My opinion
The law(s) in contravention:
Plank Road Auto Wreckers Ltd., was found guilty of a contravention of the Ontario ‘Industrial’ regulation 851, Section 74, which states,
“Machinery, equipment or material that is temporarily elevated and under which a worker may pass or work shall be securely and solidly blocked to prevent the machinery, equipment or material from falling or moving.”
Plank Road Auto Wreckers Ltd., was found guilty of a contravention of the Occupational Health and Safety Act, (OHSA), section 25(1)(c) which states,
“An employer shall ensure that,
(c) The measures and procedures prescribed are carried out in the workplace.”
All procedures must have a set of written work instructions and the supervisor MUST be competent to supervise the work being done. When I read this article originally, I was concerned then that the supervisor did not play a large enough part in all this and the worker(s) were placed at serious risk.
Ensure your supervisors have been properly trained and complete a supervisory ‘Due Diligence’ course as an extra added bonus. HRS Group Inc. has an International Competency Assessment Board (ICAB) certified ‘Due Diligence’ course on-line that can be taken at your leisure. We also have in-class 1 day and 2 day courses to better serve you. The modern day supervisor MUST have the tools to do his/her job.
I would also add that hiring a health and safety consultant is always a good option.
Ensure your workplace is a safe place!
Remember – In Ontario, “ALL Accidents are Preventable”
HRS Group Inc. has a great team that can help you with all your health and safety needs including ‘Due Diligence’, ‘Lockout and Tagout’ and ‘Standard Operating Procedures’. Contact Deborah toll free at 1-877-907-7744 or locally at 705-749-1259.
‘Work’ and ‘Play’ safe.
Daniel L. Beal
CHSEP – Advanced Level
VP & Senior Trainer
HRS Group Inc.